Property rights could be on Michigan ballot

Coalition seeks amendment to limit government use of eminent domain.

Coalition seeks amendment to limit government use of eminent domain.

June 26, 2006

LANSING (AP) Â? A group representing land owners has formed a coalition in support of a November ballot proposal it says will protect personal property rights.

The proposed constitutional amendment would restrict the power of a local government to forcibly buy private property, a process called eminent domain. Governments would be allowed to use eminent domain only for public use, which would not include the transfer of property to a private entity for economic development.

Eminent domain typically is used to clear space for public projects such as highways, airports or schools. But governments sometimes have used the tool for economic development projects that attract jobs and tax dollars, which courts sometimes have allowed as long as property owners are fairly compensated.

The state Supreme Court in 2004 ruled that economic development projects do not constitute a public use under the 1963 state constitution. But lawmakers voted to place the proposal on Michigan's ballot anyway, saying the high court's makeup could change.

The U.S. Supreme Court ruled one year ago that governments may take private property for economic development, but it also said states may pass additional protections if they see fit.

The group supporting the Michigan ballot proposal is called the Protect Our Property Rights Coalition. It said this week that its supporters include organizations such as the Michigan Association of Realtors and the National Federation of Independent Business.

The ballot proposal likely will face organized opposition from local government and municipal groups.

Supporters of eminent domain have said that certain projects, such as Ford Field and Comerica Park in Detroit, would not have happened without it.